Deason v. Taylor
Mississippi Supreme Court
Appeal from the Chancery Court of Lincoln County. Hon. Thomas Y. Berry, Chancellor. On the sixteenth day of February, 1872, Bentonville Taylor sold and.conveyed to J. B. Deason certain lots of land by a deed which recited that the consideration was “the sum of $700, to be paid to the party of the first part (Taylor), on or before the first day of July, 1872, by the party of the second part” (Deason). Deason gave his note for the purchase-money, dated Feb. 16, 1872, as…
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Appeal from the Chancery Court of Lincoln County. Hon. Thomas Y. Berry, Chancellor. On the sixteenth day of February, 1872, Bentonville Taylor sold and.conveyed to J. B. Deason certain lots of land by a deed which recited that the consideration was “the sum of $700, to be paid to the party of the first part (Taylor), on or before the first day of July, 1872, by the party of the second part” (Deason). Deason gave his note for the purchase-money, dated Feb. 16, 1872, as follows : “ On or before the first day of July next I promise to pay Bentonville Taylor, or bearer, the sum of $700, for town…
1Opinion of the CourtChalmers, J.
We are content with the finding of the Chancellor on the facts. If any injustice was done in fixing the amount due, it was to the appellee, and not to the appellants. The fact that the note was dischargeable in Mississippi certificates of indebtedness (known as Alcorn money) did not deprive it of the protection of the vendor’s equitable lien. Harvey v. Kelly, 41 Miss. 490.
In the face of the deed which Taylor executed to Deason was this recital: “ The party of the first part (the vendor), for and in consideration of the sum of 1700, to be paid on or before the first day of July, 1872, by the…
2Cases cited6 opinions
- Wiseman v. HutchinsonIndiana Supreme Court · 1863
- Honore's v. BakewellCourt of Appeals of Kentucky · 1845
- Croskey v. ChapmanIndiana Supreme Court · 1866
- Harvey v. KellyMississippi Supreme Court · 1867
- Thornton v. Knox's Ex'rCourt of Appeals of Kentucky · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Dead River Fishing & Hunting Club v. StovallMississippi Supreme Court · 1927
- Bergstrom v. JohnsonSupreme Court of Minnesota · 1910
- Lee v. NewmanMississippi Supreme Court · 1877
- Baldwin v. AndersonMississippi Supreme Court · 1912
- Bever v. BeverIndiana Supreme Court · 1895
16 more not listed; retrieve them via the Exa API.